How [Switzerland] defines Money Laundering - Edition 08
Qadri Abdul Rafey 拉菲·卡德里 ?????????
Over 34 years in Tech Strategy, Banking Compliance, Academia 在技术战略、银行合规性、学术界拥有超过 34 年的经验
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Process used to disguise the source of money or assets derived from criminal activity
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用于掩饰犯罪活动所得资金或资产来源的程序
Switzerland,
the Swiss Confederation, 2022 estimates - Population 8.8 m, GDP USD 850 b
Federal Act on Combating Money Laundering and Terrorist Financing
(Anti-Money Laundering Act, AMLA)
Swiss Criminal Code
1.??Any person who carries out an act that is aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets which he knows or must assume originate from a felony or aggravated tax misdemeanour shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
1bis.?An aggravated tax misdemeanour is any of the offences set out in Article?186 of the Federal Act of 14?December 1990?on Direct Federal Taxation and Article?59 paragraph?1 clause one of the Federal Act of 14?December 1990 on the Harmonisation of Direct Federal Taxation at Cantonal and Communal Levels, if the tax evaded in any tax period exceeds 300,000?francs.
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2.??In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty. A custodial sentence is combined with a monetary penalty not exceeding 500 daily penalty units.
A serious case is constituted, in particular, where the offender:
a?acts as a member of a criminal or terrorist organisation;
b. acts as a member of a group that has been formed for the purpose of the continued conduct of money laundering activities; or
c. achieves a large turnover or substantial profit through commercial money laundering.
3.??The offender is also liable to the foregoing penalties where the main offence was committed abroad, provided such an offence is also liable to prosecution at the place of commission.
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